[CTC] WTO members remain deadlocked on TRIPS waiver proposal

[Arthur Stamoulis]

An update from today’s meeting is below.  For those looking to get into the weeds, a good rebuttal from MSF/Doctors Without Borders to Big Pharma's responses to the TRIPS waiver proposal can be found here:
https://msf-access.medium.com/will-history-repeat-itself-87b62251aa91


WTO members remain deadlocked on TRIPS waiver proposal 
1/19/2021, Inside US Trade
World Trade Organization members remain deadlocked on a proposal to waive some intellectual property obligations in response to the pandemic, but proponents and opponents alike still support continued discussions on the subject, especially in light of vaccine difficulties, according to a Geneva-based trade official familiar with the talks.
The chair of the Council on Trade-Related Aspects of Intellectual Property, which held an informal meeting on Tuesday, urged flexibility and called for a solution-oriented discussion that might identify a way forward, the Geneva official said.
While there was no clear convergence on countries' positions, members did note the global challenge in vaccinating people against COVID-19. India argued that the world’s worst fears about a shortage and inadequate production were already coming true and that countries with the capacity to provide additional vaccines are being blocked from doing so by IP barriers, according to the trade official. Opponents, including the U.S., also mentioned an insufficient vaccine supply, but they disagreed that the waiver was the answer.
The proposal, spearheaded by India and South Africa, would waive obligations on copyright, industrial designs, patents and “protection of undisclosed information” for commercial purposes in the Agreement on Trade-Related Aspects of Intellectual Property. The waiver would give developing countries the broad flexibility they need to combat the pandemic, proponents argue. Opponents, meanwhile, say the proposed waiver is vague and does not address capacity and supply concerns.
The U.S. joins several developing members -- including the European Union, Japan, the United Kingdom and Switzerland -- as key opponents. These members on Tuesday reiterated their belief that TRIPS has sufficient baked-in flexibility to allow developing countries to address IP-related problems, the Geneva official said. They also cited what they called the unanswered questions raised by the proposal, including how it would be applied, how it would affect domestic law and its long-term impact on businesses.
India argued that the flexibility in the TRIPS agreement is not enough and said the voluntary COVAX alliance has not proved sufficient. About a dozen developing countries, including Indonesia, Venezuela and Egypt, spoke in favor of the proposal, per the official.
A handful of members -- including China, Taiwan, Chila, Australia and Canada -- noted that how the waiver would work in practice remained unclear. China argued the proposal was only one option on the table in response to the public health crisis and said there was no simple solution.
Under WTO rules, the waiver is to be referred to the General Council after 90 days, with a report from the council. However, with member still at odds, they agreed <https://insidetrade.com/node/170207> to continue discussions in the new year. The chair told members she will conduct consultations with members on a way forward for the talks.
The council will meet again on Feb. 4, when members aim to decide if they will put forward any decision or report to the General Council, which is scheduled to meet in early March.

Arthur Stamoulis
Citizens Trade Campaign
(202) 494-8826




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